I have questions that pertain to a salaried Employee and an Independent Contractor


1. The Independent Contractor:
Her contract specifically says that she is an Independent Contract not subject to employee rules and if she hires another person to subcontract that she is solely responsible for that person. In addition, the contract also states that a material breach by the company applies if the company..."fails to promptly pay the amount owing to ...Contractor...or defaults on any other material obligations. It further states that the company must "credit Contractor's account in the sum of two weeks delivery fees as liquidated damages in addition to any other amounts due Contractor"

If her contracts states this...then how does she allow a person to subcontract for her if the company refuses her choice in a subcontractor? Is there an organization that protects an Independent Contractor? If she tries to sue...who would/should be paying for an attorney?

2. Salaried Employee
If a person is being harrassed by another supervisor...who should that person go to? Human Resourses does not care...and the top person only gave 30 seconds of his time to hear the problems. In effect...how does a person file a harassment case when all I was able to find in any law is for sexual harrassment? I have found precedent in organizations trying to stop "bullying in schools". What about corporations?

Can you cut this down and include just the pertinent facts?

If the company rules are that spouses of current employees cannot work for the company, then your being hired by a subcontractor at best would look like an end-run attempt around the rules. And, it's an end run both on the part of you and your husband and on the part of the subcontractor. While you are on the job site, the supervisor has a right to speak with you so saying that he had legal right to do so is irrelevant to the issue at hand.

The dispute between the subcontractor and the company is between the subcontractor and the company. It's not an employment law issue, it's a matter of contract law. She needs to take the contract to an attorney to have it reviewed against applicable state law. If she is not being paid, her recourse is to sue.

The supervisor may be a jerk, but being a jerk is not against the law.